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ALLAN FAY

Criminal Defence Lawyer

Experience on

your side

CALL 24 HOURS-A-DAY — 403-237-9242

Veteran Calgary lawyer with over 25 years experience

If you have been charged with an offence, you need a criminal lawyer. With vast experience in criminal law and an additional six years as a Crown prosecutor, Allan’s extensive and varied experience gives him unique insight into and knowledge of the justice system and the people who work in it.

When you hire Allan Fay, you get

  • SERVICE – personalized, honest, and reliable;
  • COMPASSIONATE ADVICE instead of false hope; and
  • CONFIDENCE from knowing that your case is in very capable hands.

Allan Fay is available 24 hours a day at 403-237-9242 for a free consultation.

Areas of Practice

Assault Offences

Allan brings a wealth of knowledge in handling charges ranging from Common Assault to Aggravated Assault.

Domestic Violence
To defend yourself against domestic violence charges, you need a lawyer’s help. Allan Fay has decades of experience in the Calgary courts system, from both the prosecution and the defence perspectives. Trust him to represent you throughout this challenging process.

First Steps

Start by following these steps, and keep them in mind until your case is resolved:

Don’t go it alone: while you’re still at the police station, or once you’re out on bail, call Allan Fay at 403-237-9242 for a free legal consultation.
Follow the rules: it is crucial that you fully comply with all of your bail conditions.
Take a step back: try to stay calm, be honest and objective and trust your lawyer to handle the rest.

Bail and Relocation

In a typical situation, you were arrested and booked, spent a night in jail, had a bail hearing the next day and were released on bail with certain conditions. You must comply with those conditions, or else be charged for violating them and get sent back to jail. For instance, your conditions will state that you cannot communicate with your spouse and/or children, which means that you cannot phone them, send messages through friends or family or even send letters or e-mails.

The other major condition would be that you remain a certain distance from your home at all times. Before your release, you would have been required to provide an alternative residential address with a different family member, a friend or at a hotel. Again, you must comply with this and any other conditions to avoid further complicating your case. Although you are innocent until proven guilty, violating your conditions can result in more serious charges being brought against you and, if you are found guilty, more severe sentencing.

These conditions may seem extreme—being away from your family and adjusting to new surroundings is not easy—but they are there to help you, too. The physical separation gives both parties time and space to gain perspective and get their affairs in order before going to trial. Remember that the prosecution can use any communication as evidence against you, even the initial 911 phone call. For that reason, it is also important that you not speak to any witnesses or the prosecution at this time.

Trial

In your first court appearance, the prosecution will disclose all evidence against you. In subsequent appearances, your lawyer and the prosecution will discuss your case and you plead either innocent or guilty. Sometimes it seems like pleading guilty is the most efficient way to resolve your case; however, you must not do so if you are not actually guilty.

Terminology

According to 1(1)(e) of the Protection Against Family Violence Act, family violence includes

“(i) any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,

(ii) any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,

(iii) forced confinement,

(iv) sexual abuse, and

(v) stalking,

but is not to be construed so as to limit a parent or a person standing in the place of a parent from using force by way of correction toward a child who is under the care of the parent or person if the force does not exceed what is reasonable under the circumstances;”

The following terms are often used interchangeably:Domestic abuseDomestic assaultDomestic conflictDomestic violenceSpousal abuseSpousal assaultBatteringIntimate partner abuseIntimate partner assaultRelationship abuseFamily violenceRelated Laws

For the applicable sections of the Criminal Code, see 264.1 to 278.91: http://www.canlii.org/ca/sta/c-46/whole.html.

See also the provincial Protection Against Family Violence Act: http://www.canlii.org/ab/laws/sta/p-27/20080314/whole.html.

The provincial government’s Domestic Violence Handbook is also a useful tool: http://www.justice.gov.ab.ca/families/default.aspx?id=4373.
Drug Trafficking

Allan Fay can guide you through the criminal court system and will exhaust every legal option to defend you against your drug trafficking charges. Trafficking and possession for the purpose of trafficking are serious criminal offences; a good criminal defence lawyer may be able to keep you out of prison.

Trafficking

You commit the offence of trafficking if you sell, give, carry, send or deliver a controlled drug or if you sell an authorization to obtain one of those drugs.

For the complete legal definition, see 2(1) of the Controlled Drugs and Substances Acthttp://www.canlii.org/ca/sta/c-38.8/sec2.html.

Possession for the Purpose of Trafficking

You commit the offence of possession for the purpose of trafficking if you possess a controlled drug and intend to traffic in it. Evidence of that intention may include the amount of the drug in your possession, how it is packaged and any equipment you have to weigh it.

For the complete legal definition of possession, see 4(3)(a) and (b) of the Criminal Codehttp://www.canlii.org/ca/sta/c-46/sec4.html

Controlled Drugs

Schedules I, II, III and IV list the different controlled drugs covered by the act.

Related Laws

You can read the entire Controlled Drugs and Substances Act online: .

Section 5(1) deals specifically with trafficking and 5(2) with possession for the purpose of trafficking: http://www.canlii.org/ca/sta/c-38.8/sec5.html.

Homicide
Allan has handled numerous homicide cases over the years. Ranging from Manslaughter to first Degree Murder. In 2009-2010, Allan was successful in having homicide charges stayed by the Crown for three of his clients.
Impaired Driving
If you have been charged with impaired driving, “over 80” or refusal or failure to blow, then you may have already realized that this is one of the most complex areas of criminal law. The good news: many impaired driving cases have the potential for success. As both a skilled defender and former Crown prosecutor, I offer you the distinct advantage of my experience representing both sides in these matters. My thorough understanding of the rules and procedures involved in impaired driving law can help you avoid a conviction and get your drivers licence back.

First Steps
Take these three steps to begin preparing your defence:
1. Call Allan Fay at 403-237-9242 to set up a free consultation.
2. Write an objective and detailed account of the entire day in question. Leave out nothing. It could be more than 6 months before you go to trial; by then, your memory will have faded and you will need your written statement to remind you of the circumstances leading up to and following your being charged.
3. Do not speak to the police or the prosecutor without your lawyer.

Terminology
Here’s a quick guide to some of the terminology you’ll encounter when dealing with impaired driving law in Alberta:

Curative Discharge
If you plead guilty to or are found guilty of impaired driving or “over 80” but need treatment for a drug or alcohol addiction, the court may sentence you to probation with a strict condition that you receive the necessary treatment. That probation is called a curative discharge, and the court orders it instead of a conviction. If you successfully complete the treatment program, no conviction is registered on your criminal record; however, normal licence suspensions still apply.

Failure to Blow
You commit the offence of failure to blow if, without a lawful excuse, you do not provide a proper breath sample in your roadside screening or Breathalyzer test.
For the complete legal definition, see 254(5) of the Criminal Codehttp://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec254subsec1.

Impaired Driving
You commit the offence of impaired driving if you drive, help someone else drive or are otherwise in control of a motor vehicle (regardless of whether it is moving) while your ability to operate it is impaired by alcohol or drug.
For the complete legal definition, see 253(a) of the Criminal Codehttp://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec253subsec1.

Interlock (Ignition Interlock program)
An Interlock device is like a Breathalyzer that you have to blow into before you can start your car. If there is alcohol in your body, then your car will not start. Having the device allows you to drive before your driving suspension is over.

To be eligible for the Ignition Interlock program, you must ask the judge to recommend you for it on the date of your sentencing. After 3 months of your driving suspension, you may apply for the program. If you are approved, you must pay the application, installation, rental and removal fees, in addition to course, testing and licensing fees.

Click here for more information on Alberta’s Ignition Interlock program: http://atsb.alberta.ca/506.htm.

Notice of Suspension/Disqualification
This form includes your personal information and the details of the event for which you are facing charges. It states whether your drivers licence is suspended for 3 or 6 months and when the suspension begins—either immediately or after 21 days (in which case you will be issued a temporary permit).
Click here for more information on notices of suspension/disqualification and Alberta’s Administrative License Suspension program: http://atsb.alberta.ca/503.htm.

“Over 80”
You commit the offence of “over 80” if you operate a motor vehicle while your blood alcohol level is higher than the legal limit of 80 milligrams of alcohol in 100 millilitres of blood. Breath tests are typically used to determine your blood alcohol level, but under certain circumstances alternative testing, such as blood or urine, may be used.
For the complete legal definition, see 253(b) of the Criminal Codehttp://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec253subsec1.

Refusal to blow
You commit the offence of refusal to blow if, without a lawful excuse, without a lawful excuse, you refuse to provide a proper breath sample in your roadside screening or Breathalyzer test.
For the complete legal definition, see 254(5) of the Criminal Codehttp://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec254subsec1.

Roadside screening
Roadside screening helps the police determine whether you are impaired or “over 80.” They may test your coordination, speech, and/or breath. If you pass the test, you may be sent on your way; if you get a warning, you may receive a 24-hour suspension; and if you fail, you may be taken to the nearest police station for an official, approved test using a device such as the Breathalyzer.

Related Laws
You can read the federal and provincial impaired driving laws online:
-Section 253 of the Criminal Code: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec253subsec1
-Section 254 of the Criminal Code: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec254subsec1
-Alberta’s Traffic Safety Act: http://www.canlii.org/ab/laws/sta/t-6/20080314/whole.html
Sexual Offences

Allan has handled numerous cases in this area . Involving charges ranging from Sexual Assault to Child Abuse.